Texas Tenant Can't Avoid Statute of Limitations by Casting Injury as Contract Claim

LOUISVILLE, Ky. - A tenant suing primarily for personal injury can't avoid a one-year statute of limitations by including contract claims with a longer filing period, the Kentucky Court of Appeals affirmed June 3. Brown v. Furnish, No. 2004-CA-000948-MR (Ky. Ct. App.).

Charles Brown rented an apartment from Kenneth N. Furnish Jr. from March 1995 to August 1999, when he was evicted.

In July 2002, Brown sued Furnish in Kenton Circuit Court for breach of contract, constructive eviction and personal injury, alleging that Furnish ignored repeated complaints of water leaks and mold in the apartment.

The trial court …